Judge orders election officials not to wipe or reset voting machines in three Georgia counties
Attorney Sidney Powell filed two cases in federal courts last week having to do with voter fraud and the Dominion voter machines. One of those lawsuits alleges widespread fraud in the presidential election in Georgia. A judge issued an order late Sunday night blocking plans to wipe or reset voting machines used in three counties in the state.
U.S. District Judge Timothy Batten Sr. stated in his four-page directive that he held a hearing via Zoom Sunday evening on the suit. The hearing was not announced on the court’s docket and appears not to have been open to the press or public. It appears to have focused on claims that the election results in Georgia were wildly inaccurate due to the use of machines from a leading vendor of voting equipment, Dominion Election Systems.
Powell has asserted that Dominion’s foreign ties allowed hostile governments to meddle in the U.S. election via a conspiracy that involved both Democratic and Republican U.S. officials. Defendants in the suit include Gov. Brian Kemp (R-GA), Secretary of State Brad Raffensperger, and four other members of the Georgia Elections Board.
Also in the mix are the Georgia runoffs in January that will determine control of the Senate. Two seats are up for grabs and to retain solid control of the Senate, Republicans must win both races. If Democrats win both, presumptive Vice-President-elect Kamala Harris will be the tiebreaker, ostensibly giving control of the Senate to the Democrats. If that happens, Democrats will control two of the three branches of American government… the executive and legislative branches giving them free rein to push forward progressive policies.
Batten’s temporary restraining order was issued after 10 p.m. Sunday and applies to Dominion voting machines in Cobb and Gwinett counties, which favored President-elect Joe Biden, as well as smaller Cherokee County, which favored President Trump.
“Defendants are hereby enjoined and restrained from altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any Dominion voting machine in Cobb, Gwinnett, and Cherokee Counties,” wrote Batten.
— Ivan Pentchoukov (@IvanPentchoukov) November 29, 2020
So far, so good https://t.co/5n2wCujWlY
— Mark R. Levin (@marklevinshow) November 29, 2020
According to Batten, counsel for the defendants in the suit argued that the court had no jurisdiction over the counties because they are not parties to the case. The defendants also argued that allowing experts working for plaintiffs to inspect the machines “would pose substantial security and proprietary/trade secret risks.”
Batten agreed to receive a brief by Wednesday afternoon from Kemp and Raffensperger detailing the reasons why they oppose allowing Powell’s team to conduct “forensic inspections” of the machines in the three counties. Kemp certified election results in Georgia last week. Powell should argue her case on Friday.
In his order, Batten granted another request from the plaintiffs, ordering the state to “promptly” provide the challengers with a copy of the state’s contract with Dominion.
Batten’s nighttime order came after confusion earlier Sunday when one of Powell’s co-counsels, Georgia attorney Lin Wood, posted on the Internet what he described as two other orders issued by the judge.
Emergency Order just entered by Judge Timothy C. Batten, Sr.:
“Defendants are ordered to maintain the statue quo & are temporarily enjoined from wiping or resetting any voting machines in the State of Georgia until further order of the Court.”
Stop the steal NOW @BrianKempGA.
— Lin Wood (@LLinWood) November 29, 2020
What??? Judge reversed order based on Defendants’ claim that GA Counties control voting machines.
Machines are owned by State & @GaSecofState administers state laws on elections.
Why are GA officials determined to wipe these machines clean be resetting them? https://t.co/Oq0edTGfsl
— Lin Wood (@LLinWood) November 29, 2020
In those directives, Batten initially appeared to impose a statewide ban on clearing voting machines, then said he couldn’t do that because of the issue concerning the counties not being named as defendants in the suit.
Those orders also appeared to set an in-person hearing on the case for Friday in Atlanta. However, there’s no mention of such a hearing in Batten’s order issued Sunday night.
The orders Wood posted on social media were never entered in the court’s public docket either. A source claims that they were drafts, although they bore the judge’s signature.
In the pair of suits in Georgia and Michigan, Powell’s team has filed statements of experts and witnesses alleging that Biden’s supposed victory was the result of implausible vote totals in specific areas.
Some of the alleged irregularities are being reported in statements from witnesses whose names have not been made public or were deleted from court filings. Powell and her co-counsel have argued such secrecy is justified and necessary due to threats and harassment directed at lawyers and witnesses involved in the recent court cases alleging election fraud.